Question.1170 - Justice Robert Jackson famously remarked that the prosecutor is the most powerful person in the American legal system. The prosecutor enjoys broad discretion when deciding who to charge with crime, what crimes to charge, and whether to enter into a plea agreement with a defendant. What do you think: Should there be more limits on prosecutorial discretion? Using concrete examples, explain why or why not.
Answer Below:
According to Justice Robert Jackson, the prosecutor has more control over liberty, reputation, and life than any other person in America. Prosecutorial discretion is an important and necessary part of the system and justice. It provides the plea bargaining basis and allows mercy and leniency in a criminal justice system that is impersonal and frequently harsh. It also allocates prosecutorial resources and places the prosecutors in the most important and powerful positions in the justice system. For example, in the civil rights era, in the southern towns, the white prosecutors refused to bring charges against the whites in the case of hate crimes against the African American people. They denied the charges even with overwhelming evidence. However, prosecutorial discretion also creates the possibility of prosecutorial misconduct, which takes place in some prosecutions.More Articles From CRIMINAL LAW MANAGEMENT
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